Categories
Family Law

Divorce Attorney – What to Expect on the Divorce Process?

If you and your spouse have decided to separate and you want a divorce, it’s imperative that you find the right Divorce Attorney for your case. You can’t just hire anyone to argue your case, because your attorney will have a say in the kind of argument they bring – if they win, and if they lose. So it is important that you find an attorney that is experienced in the Divorce Process so that they can help you achieve your goals. One way to do this is to request a free consultation with them. Here are some questions you should ask any attorney that you may be considering.

How many cases have they been involved in? This is important, because the more cases they have the more likely they will be able to represent you in your Divorce. They should also be able to offer you a free consultation where you get to tell them all about your situation and how the divorce process should go. If they are unwilling or unable to answer your questions, move on to another attorney. If an attorney is unwilling to answer this question, move on to someone else.

What are the differences in the laws for each state in the Divorce Process? There are a number of laws regarding the Divorce Process, including what needs to be filed with the court, the notices the spouses need to send out, the procedure in which alimony is to be paid, child custody and child support, and the kind of property that are to be divided. It is vital that you are made aware of these differences, because they could greatly effect the outcome of the divorce process. An attorney who is knowledgeable about the laws of the state in which your case will be filed will be in the best position to inform you about your rights, your obligations, the processes and procedures of the Divorce Process in your state, and the best way for you to achieve an equitable distribution of the marital assets.

Can my spouse afford to pay me for my services? It is very important that you ask yourself this question, if you feel your spouse is reluctant or refuses to pay you for your services. A typical spouse may have hundreds of thousands of dollars stashed away in a savings account. Another spouse might have a much smaller savings account and pay their ex a mere percentage of one-time income, such as a part-time job. Either spouse can easily convince their spouse that they don’t have the funds to pay you.

Is a Deed in Lieu a valid Will? When drafting your Will, you must understand that the document itself is not a legal binding contract between you and your spouse. It merely gives your intentions for distributing your marital property after the Divorce, and the courts are not required to honor or enforce any portions of the Will. Your attorney can help you draft a Will that takes into account the unique properties and debts you jointly own, while considering other reasonable alternatives to an unequal distribution of your marital home and other assets.

Will our attorneys truly protect our interests? As your spouse will most likely already be aware, divorce and custody can be a highly sensitive issue for you and your children. You will want to choose an attorney who is well-respected and experienced in family law matters. Your attorney should be willing to explain your rights and your obligations to the Court. If your attorney is unwilling to do so, you might want to consider another lawyer.

Categories
Family Law

Some important differences you need to know when it comes to Child Custody and Child Support

Child custody and child support are two of the most important court orders in today’s society. Each is very similar to the other in many ways, but there are some important differences that you need to be aware of when it comes to child custody and child support.

Child custody refers to the rights that a parent has over the life of the children that they have given birth to. In most states a child custody case can take up to six months before the court decides on a decision.

Child support is a type of custody case that involves the amount that a parent must pay for providing for the financial needs of their children. Child support can either be awarded directly to the custodial parent or to another person who provides for the needs of the children. In a child support case the court will determine how much support is owed and the court can also make modifications to the payments as necessary.

The child support that is awarded directly to the custodial parent is usually calculated through an hourly wage rate for each child. The support payment will not exceed forty percent of the monthly income of the non-custodial parent, unless the custodial parent is the primary caregiver of the children. In most cases the court will allow for the non-custodial parent to contribute less than forty percent of the cost of their own child care.

Child support is not only determined by how much a parent earns, but also by the number of children that they have. The more children that a non-custodial parent has the less money they can afford to pay for their child care. If the custodial parent has several children they may be required to pay a percentage of their income that is equal to their share of the children and that percentage may increase over time.

Child support is not automatic when a parent is involved in a marriage or a civil union. Parents that have been married for at least two years are required to pay the full amount of child support that has been ordered by the court. There are some other types of non-spousal relationships that also require parents to pay child support in order to keep their relationship intact. The child support that is awarded to the custodial parent may be reduced in some cases if one of them remarries. In case you are living in Florida, you can contact John Buchmiller & Associates, LLC, and hire the best Pembroke Pines Family Attorney for Child Support.